| (a) Authority. The department, after notice and opportunity
for hearing, may impose an administrative penalty against the following:
(1) a motor carrier that violates a provision of Transportation
Code, Chapter 643 or Chapter 645 or violates a rule or order adopted
under Transportation Code, Chapter 643 or Chapter 645; or
(2) a motor carrier or broker that violates a federal
law or regulation, the enforcement of which has been delegated to
the department.
(b) Amount of administrative penalty for violations
of state laws, rules, or orders.
(1) In an action brought by the department, the aggregate
amount of administrative penalty shall not exceed $5,000 unless it
is found that the motor carrier knowingly committed a violation.
(2) In an action brought by the department, if it is
found that the motor carrier knowingly committed a violation, the
aggregate amount of administrative penalty shall not exceed $15,000.
"Knowingly" means actual awareness of the act or practice that is
the alleged violation, or acting with deliberate ignorance of or reckless
disregard for the violation involved. Actual awareness may be inferred
from the conduct of the alleged violator or from the history of previous
violations by the alleged violator.
(3) In an action brought by the department, if it is
found that the motor carrier knowingly committed multiple violations,
the aggregate amount of administrative penalty for the multiple violations
shall not exceed $30,000.
(4) Each day a violation continues or occurs is a separate
violation for purposes of imposing an administrative penalty.
(c) Memorandum of Agreement. Pursuant to a Memorandum
of Agreement between the department and the Federal Motor Carrier
Safety Administration, United States Department of Transportation,
the department is authorized to initiate an enforcement action and
assess civil penalties against a motor carrier or broker, as applicable,
under the authority of the following:
(1) 49 U.S.C. §§13702, 13704, 13707(b), 13901,
14104(b), 14706(f), 14708, 14710, 14901(d)(2) and (3), 14901(e), and
14915, as amended;
(2) 49 C.F.R. §§366.4, 370.3-370.9, 371.3(c),
371.7, 371.105, 371.107, 371.109, 371.111, 371.113, 371.115, 371.117,
371.121, 373.201, Part 375, §§378.3 - 378.9, 387.301(b),
387.307, 387.403, and Part 386 Appendix B(g)(22) - (23), as amended;
and
(3) any future delegations pursuant to 49 U.S.C. §14710.
(d) Enforcement process for federal laws and regulations.
The department will follow the process set forth in Transportation
Code, §643.2525 when enforcing the federal laws and regulations
cited in subsection(c) of this section via an administrative proceeding.
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| Source Note: The provisions of this §218.71 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective December 30, 2010, 35 TexReg 11713; amended to be effective June 4, 2014, 39 TexReg 4272; amended to be effective March 12, 2015, 40 TexReg 1104 |
